Art Law Report

New Authentication Lawsuit Filed Against Agnes Martin Catalogue Raisonné

Posted by Nicholas O'Donnell on October 21, 2016 at 11:45 AM
For several years the topic of litigation against appraisers and authenticators has been a controversial issue, causing a number of artists’ foundations and independent professionals to refrain from giving opinions for fear of litigation, even in which they eventually prevail.  A new lawsuit against the Agnes Martin Authentication Committee underscores the importance of a pending bill in New York to shield such authenticators from liability, and the problems inherent in the status quo.  This lawsuit appears likely headed for failure just like every other similar authentication lawsuit, but that will come as cold comfort to the defendants years hence.
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Topics: authentication, catalogue raisonné, Alexander Calder, Keith Haring Foundation, New York City Bar Association, connoisseurship, Andy Warhol Foundation for the Visual Arts, Mayor Gallery Ltd, Agnes Martin, Peter Doig

Lauren Clay, the David Smith Estate, David Dodde, and Fair Use: Are We Learning Anything?

Posted by Nicholas O'Donnell on October 18, 2013 at 11:07 AM

A pair of recent disputes over sculpture, fair use and moral rights highlights the ongoing concern that Prince v. Cariou has made things worse, not better. The first concerns the estate of sculptor David Smith, and sculptor Lauren Clay. As Art in America put it, “Clay's works replicate the shapes of Smith's large metal ‘Cubi’ sculptures at tabletop scale in materials such as paper, and with faux wood grain or marble finishes.’ The Smith estate, through its reprsentatives at VAGA, took issue with this as a violation of Smith’s copyright. During the discussion, VAGA apparently proposed an agreement in which Clay would agree either not to sell the works, or only to display them with a disclaimer that the works were not authorized.

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Topics: VAGA, Donn Zaretsky, Yellow Submarine, Art in America, La Grande Vitesse, Prince v. Cariou, the Donald Smith Estate, Visual Artists Rights Act, Sergio Muñoz Sarmiento, VARA, Alexander Calder, Copyright, intellectual property, Fair Use, Lauren Clay, David Dodde

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